H1B petition revoked. Cap Exempt Query


kritya192

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Hi,

 

I am holding an approval notice which got approved back in October 2012. This was raised in my previous company B. I didn't go for stamping and after few months left the company B. Company B revoked the approval notice. So i never travelled on that approval notice. As per the dates mentioned on it, it has NOT expired yet.

 

Now,

 

In my new company A. Can i use the previous petition number to get cap exempt. Or, USCIS will reject my application, reasoning that i never travelled on my earlier petition?

 

Regards

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A new employer can file an H1 at any time without the cap.

Not traveling is irrelevant, revocation of the old H1 is irrelevant.

 

But, in which status are you now? If you are out of status, a new H1 would not be approved as COS.

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Hi,

 

I see the below test in uscis.gov, when i check My Case Status @ https://egov.uscis.gov/cris/Dashboard/CaseStatus.do

 

On January 21, 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

 

I can only make ot of this is that my petition got revoked. That is it. How can i derive or find out that if i am "out of status"?

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Hi,

 

I see the below test in uscis.gov, when i check My Case Status @ https://egov.uscis.gov/cris/Dashboard/CaseStatus.do

 

On January 21, 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

 

I can only make ot of this is that my petition got revoked. That is it. How can i derive or find out that if i am "out of status"?

Since you are not currently in US on H1B status you are not out of status.

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@jairichi & JoeF :

 

The attorney team of company A has filed the new application @Vermont Service Center with cap exempt and i have the new petition number with me. But, they have mentioned that there is a risk that USCIS may reject my application as i did not travel on my previous petition; and it never got activated. Such decisions are majorly coming out of California Service Center.

 

I just want to know the probability of getting approved. Attorney team says that they have got success in past in similar scenarios, but they are uncertain about the current situation.

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@jairichi & JoeF :

 

The attorney team of company A has filed the new application @Vermont Service Center with cap exempt and i have the new petition number with me. But, they have mentioned that there is a risk that USCIS may reject my application as i did not travel on my previous petition; and it never got activated. Such decisions are majorly coming out of California Service Center.

 

I just want to know the probability of getting approved. Attorney team says that they have got success in past in similar scenarios, but they are uncertain about the current situation.

Attorney has told you about the possible outcome and so I have nothing to add.

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